July 29, 2021 5:31 pm
Italy is not a safe country, at least for asylum seekers. This was established by the High Administrative Court of North Rhine-Westphalia, which prohibited the return to Italy of two asylum seekers from Somalia and Mali, who had reached Germany and illegally left our territory. “There is a serious risk” that the Italian authorities “will not be able to meet basic needs such as room and board for a long time”, said the Munster court, according to what reports the newspaper Dw.
The ruling could have important effects on Berlin’s policies to combat illegal immigration. In fact, in recent weeks Germany had resumed a reject in Italy the so-called ‘dublinanti’, i.e. migrants who have applied for asylum in the beautiful country and then move to another EU country. According to the Dublin regulation, the package of immigration rules on which European states have been trying for years to find an agreement to reform them, if an asylum application is presented in an EU country, one must remain in that country until the outcome of the procedure, which can take several months. And only afterwards can he ask to be transferred to another EU member state, subject to the approval of the authorities concerned.
Who are the “dublinanti” that Germany rejects in Italy
This is precisely the case of the two migrants who appealed to the Munster court: one of them comes from Somalia and was recognized as a holder of protection in Italy, the other, coming from Mali, had made a request, also in Italy, asylum, but was still awaiting an answer. Both had moved to Germany in violation of the Dublin agreements and ended up on the list of “dubliners” to be sent back to Italy. But the North Rhine-Westphalia Higher Administrative Court blocked the pushback.
The motivation of the German judges certainly does us no honor: the problem is the Italian refugee reception system. According to the Munster court, refugees in Italy run a “serious risk of degrading treatment”. Our system only “exceptionally” provides care and accommodation in shelters for particularly vulnerable people such as the sick or families with children. The two migrants complained precisely about this, claiming that they were destitute and that they had not found available accommodation or apartments in our country. Furthermore, writes Dw, the judges also considered “the difficult situation of the labor market in Italy”, due to which the two migrants “would not have the opportunity to find a job that ensures their livelihood”. Ultimately, the two men are threatened by a “grave danger of inhuman and degrading treatment,” according to the High Administrative Court.
This is not the first time that a German court has prohibited the return of migrants to another EU country: recently, two different administrative courts had blocked the return of some refugees to Greece.